FEHC pregnancy regulations approved

By CMTA Staff

Capitol Update, Dec. 13, 2012

Amendments to the state’s “Pregnancy Regulations” proposed by the Fair Employment and Housing Commission (FEHC) have been approved by the Office of Administrative Law and will take effect December 30, 2013.California employers with five or more employees must make pregnancy disability leave (PDL) available to their employees. The recently approved regulations clarify, and in some cases expand, PDL protections currently afforded to employees.  Specific changes to the regulations include:

  • A change to the definition of “four months”;
  • An expanded definition of when a woman is “disabled by pregnancy”;
  • Clarification of an employer’s responsibilities regarding reasonable accommodation or transfer of employees affected by pregnancy, childbirth or related medical conditions;
  • An expansion of protections to include that it is unlawful to discriminate against or harass an applicant or employee based on “perceived pregnancy”; and
  • Necessary changes to “Notices A” and “B,” which provide information for employees about their rights and responsibilities under PDL (Notice A) and the California Family Rights Act (Notice B).

To see the new “Pregnancy Leave Regulations” click here.

FEHC has also proposed amendments to the state’s “Disability Discrimination Regulations.” Approval of those amendments is still pending.  We will let you know if and when they are adopted.

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